Median Online Terms
and Conditions

These Online Terms were last updated on June 26, 2026

The following Median Online Terms and Conditions (the “Online Terms”) set forth the terms and conditions under which GoNative.io LLC (“GoNative”) may make available its Offerings (as defined below), including its websites and online services provided through such websites, including: (a) the Median website located at: https://median.co and related website software (collectively, the “Median Platform”); (b) any mobile application developed through your use of the Median Platform, or through GoNative’s use of the Median Platform on your behalf (each such application, a “Median Application”); (c) related iOS and Android mobile application source code made available through: (i) the Median Platform; (ii) online source code repositories; or (iii) any other permitted means of distribution and receipt; and (d) any modifications thereto (all such source code, “Median Source Code” and collectively with the Median Applications and Median Platform, the “Median Solution”). For greater certainty, any reference to the Median Solution in these Online Terms means the Median Solution in whole or in part.

These Online Terms form an agreement between GoNative and the person visiting, browsing, accessing, downloading, installing or otherwise using (the terms “use” and “using” will refer to any of the foregoing) the Median Solution (such person, “you”, “your” or “App Manager”) and are entered into the earlier of: (1) the date you first use any part of the Median Solution; and (2) the date you agree to be bound by these Online Terms (the “Effective Date”). You acknowledge and agree that your use of the Offerings may be subject to other agreements that GoNative has with you or your organization, as described herein, and that these Online Terms may not apply.

BY USING THE MEDIAN SOLUTION, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE ONLINE TERMS, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH ARTICLE 3 (CHANGES). IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE ONLINE TERMS, YOU WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE MEDIAN SOLUTION. YOU REPRESENT AND WARRANT TO GONATIVE THAT: (A) YOU HAVE THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT; AND (B) ALL INFORMATION YOU SUPPLY TO GONATIVE IN CONNECTION WITH THESE ONLINE TERMS IS TRUE, ACCURATE, CURRENT AND COMPLETE.

IF YOU ARE USING THE MEDIAN SOLUTION ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE ONLINE TERMS, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH ARTICLE 3 (CHANGES).

1. Offerings.

1.1 Offerings. Any products or services made available by GoNative under these Online Terms, including, but not limited to, the Median Solution, any platform onboarding, app development or app store publishing services, and any support and maintenance services are, collectively, the “Offerings”. For greater clarity, the Offerings made available under these Online Terms will be made available to App Manager only. No access or use of the Offerings by affiliates of App Manager will be permitted unless covered by a separate agreement entered into between GoNative and the applicable App Manager affiliate.

1.2 Out-of-Scope Services. Any services, features or functionalities not described in these Online Terms are out-of-scope. App Manager and GoNative may agree to enter into an agreement that covers a broader range of services (a “Median Customer Agreement”), which may include other support and maintenance offerings, advisory services, custom development services, other additional services, or additional licenses, features or functionalities for applications identified in such agreement. For clarity, any such Median Customer Agreement will govern your development and use of any Median Applications identified therein (“Median Covered Applications”) and your use of the Median Platform, and any other products or services provided by GoNative pursuant to such Median Customer Agreement, in connection with the development and use of such Median Covered Applications. All other use of the Offerings, including any Median Applications that are not Median Covered Applications and any use of the Median Platform to create such Median Applications, will be governed by these Online Terms.

1.3 Proprietary Rights. The Offerings contain proprietary and trade secret information of GoNative. Except for the limited rights or licenses that GoNative grants to you under these Online Terms, GoNative retains all right, title and interest, including intellectual property rights, in and to the Offerings. Except as expressly permitted herein, you may not disclose any Median Source Code to the public or to any third party, including to your third party end users.

2. The Median Solution.

2.1 Access to the Median Platform. ‍

(a) Subject to the terms and conditions of these Online Terms, for each Median Application, or version thereof, created under these Online Terms, GoNative will make a private management link available to you through which you and your Permitted Users (as defined below) may access using a login account on the Median Platform to:

(i) develop, build and test the applicable Median Application; and

(ii) download the Median Source Code and iOS and Android app binary files, such as IPA or APK packages that do not contain Median Source Code, (“App Binary Files”) for such Median Application.

(b) You are solely responsible for inviting Permitted Users and controlling access to the private management link on the Median Platform under the terms and conditions of these Online Terms.

(c) In the event that you elect to add certain basic features, functionalities or services to a Median Application without entering into a Median Customer Agreement, the Median Platform may list the capabilities, functionalities or other add-ons purchased for such Median Application, which may include push notification providers and native plugin modules, and that are included in or permitted to be used within the specific version of the Median Application.

(d) Any capabilities, functionalities, features, support, updates, services or other add-ons purchased for a Median Application may only be enabled in or used in connection with such Median Application, and may not be enabled or used in any other Median Application for which you have not purchased such capabilities, functionalities, features, support, updates, services or other add-ons.

2.2 Free License Grant. For each Median Application, or version thereof, you create under these Online Terms, GoNative hereby grants you a worldwide, revocable, non‑assignable, non‑transferable, non‑exclusive right and license (each, a “Free License”) to:

(a) access, build, modify and use Median Source Code and App Binary Files of the Median Application, if and as provided through the Median Platform, for internal purposes;

(b) access, build and publish (to the Apple App Store and Google Play Store) App Binary Files for such Median Application in accordance with these Online Terms;

(i) enable or facilitate the sale, rental, subscription, or distribution of goods, content, or services, for example, payment processing, shopping cart workflows, or invoicing modules, other than in‑app purchases using functionality provided or made available by GoNative for the applicable Median Application as described in Section 2.1(c), including through a Third Party Integration (as defined in Section 2.13);

(ii) include any authentication‑protected features, such as membership portals, subscriber dashboards, or any functionality requiring end‑user registration or login;

(iii) facilitate employment or contractor management services, for example, employee communications, payroll, scheduling, or timesheet tracking;

(iv) serve advertisements, capture or monetize end‑user data, operate affiliate or referral programs, or otherwise generate revenue through marketing, lead‑generation, or referral activities.

(d) sublicense the access and use rights set out in subsection 2.2(a), 2.2(b) and 2.2(c) to Permitted Users (as defined below); and

(e) sublicense the limited commercial distribution and use rights set out in subsection 2.2(c) to third parties solely to permit your end users to install, operate, and interact with the Median Application, and only to the extent necessary for such purposes.

2.3 Paid Licenses. In addition to the rights granted under the Free License, when you purchase a license (a “Paid License”) for a specific version of a Median Application and maintain an appropriate Annual Plan, GoNative will grant you additional capabilities, features, and rights as set forth on the Median Platform or agreed in writing. These may include one or more of the following depending on your selected tier:

(a) removal of ‘Median’ related branding from the Median Application (e.g., “Powered by Median” splash screens and in‑app banners);

(b) access to native plugin modules that extend the functionality of the Median Application; and

(c) authorization to use the Median Application for commercial purposes beyond those permitted under the Free License (available for Business and Enterprise licenses only).

Any additional capabilities, features, and rights granted under a Paid License may be sublicensed to Permitted Users (as defined below). Any commercial distribution and use rights granted under a Paid License may be sublicensed to third parties solely to permit your end users to install, operate, and interact with the Median Application, and only to the extent necessary for such purposes.

2.4 Annual Plan.

(a) In the event that you elect to add a plan for ongoing usage and services related to a Median Application (each, an “Annual Plan”) without entering into a Median Customer Agreement that covers such usage and services, then, subject to your compliance with these Online Terms, including your payment obligations, GoNative may, based on the specific Annual Plan options selected, make available:

(i) ongoing access to the Median Platform, including access to build iOS and Android Median Applications, and access to specified additional features and functionality such as collaboration capabilities, usage of browser-based simulator and online backup functionality; and

(ii) in GoNative’s sole discretion, updates, upgrades and bug-fixes (“Updates”) for the Median Solution that may provide: (A) improved or new functionality, including by incorporating new third party technology; or (B) improved compatibility and performance of Median Applications on iOS and Android devices; and

(iii) onboarding services, app development services, custom development services, or other configuration or customization services delivered in accordance with Section 2.8; and

(iv) app store publishing services, delivered in accordance with Section 2.9; and

(v) Support for reported Incidents, delivered in accordance with Section 2.10.

(b) If you add new plugins, features or functionality to a Median Application following your subscription to an Annual Plan, GoNative, at GoNative’s sole discretion, may elect to provide services including Updates or Support (as defined below) for such new plugins, features or functionalities and the provision of such services may be subject to additional fees.

(c) If you fail to comply with your Annual Plan payment obligations or otherwise cancel or allow an Annual Plan for a Median Application to expire, GoNative may, in GoNative’s sole discretion, suspend or terminate your access to the Median Platform and may revoke any licenses associated with that Median Application. To reactivate or add a new Annual Plan for the same Median Application, you will be required to activate a new Paid License at GoNative’s then-current pricing.

2.5 Permitted Users. App Manager may elect to purchase an Annual Plan that includes collaboration capabilities and may invite and permit certain individuals (“Permitted Users”) to access and use the Median Platform during the Term (as defined below) via the private management link referenced in Section 2.1 (Access to the Median Platform). App Manager will be responsible for all such access, use, breaches, or other conduct by Permitted Users and will ensure that all Permitted Users comply with App Manager’s obligations set forth in these Online Terms, including App Manager’s obligations of confidentiality set out in Article 7 (Confidentiality) and the use restrictions set out in Section 2.7 (Prohibited Uses).

2.6 License Conditions. The licenses granted to you in these Online Terms are subject to the terms and conditions of these Online Terms and your compliance therewith, including compliance with all one-time and ongoing payment obligations and the following conditions:

(a) GoNative retains all rights to, ownership of and interest in the Median Solution, including the Median Source Code;

(b) except as set out in subsection 2.2(d), you may not disclose or sublicense the right to access or use Median Source Code to any third party;

(d) where GoNative has the right to revoke a license under these Online Terms, GoNative, at its sole direction, may exercise such right with respect to a single license or with respect to all licenses granted to you under these Online Terms.

2.7 Prohibited Uses.

(a) You will not, and you will not permit any Permitted User to, use the Median Solution for any purpose beyond the scope expressly set out in these Online Terms.

(b) Except as expressly permitted in these Online Terms, you will have no right and will not:

(i) copy the Median Solution (other than as necessary to access and use the Median Solution in accordance with these Online Terms);

(ii) disassemble, reverse engineer, modify, translate, alter or decompile all or any portion of the Median Solution or otherwise discern the source code of the Median Solution;

(iii) circumvent or modify in any manner GoNative’s license compliance mechanisms, including without limitation removing, altering or disabling the display of ‘Median’ related branding within a given Median Application or version thereof, such as branding that displays in a Median Application without a Paid License or if you have failed to comply with all Paid License payment obligations under Article 4 (Payment);

(iv) adapt, modify, translate, or create derivative works of the Median Solution;

(v) distribute, copy, rent, lease, sublicense, assign, transmit, sell or otherwise transfer the Median Solution;

(vi) use the Median Solution to create, collect, transmit, store, use, or process any data that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);

(vii) publish, distribute, or otherwise make available a Median Application that does not comply with applicable laws, rules, or regulations, or with the App Store Requirements (as defined in Section 2.15); or

(viii) authorize or assist any third party to do any of the foregoing.

2.8 Onboarding, Development, Configuration and Customization Services.

(a) In the event that you elect to purchase, or purchase through an Annual Plan, platform onboarding services, app development services, custom development services, or other configuration or customization services for a Median Application then, subject to your compliance with these Online Terms, GoNative will use the existing features and functionality of, or extend the features and functionality of, the Median Solution to develop or assist you to develop a Median Application that meets your requirements. You are solely responsible for ensuring that GoNative is provided all such requirements that must be met by the Median Application and are solely responsible for the implementation of all web content and web functionality, including web to app integration of native functionality or native plugins.

(b) If your requirements change subsequent to your onboarding session and GoNative’s commencement of the development of the Median Application, then GoNative, in its sole discretion, may elect to either:

(i) provide the Median Application in accordance with the requirements you had originally provided; or

(ii) provide the Median Application in accordance with your updated requirements.

(c) If GoNative chooses to provide the Median Application in accordance with your updated requirements pursuant to Section 2.8(b)(ii), then GoNative may charge you additional fees as set out in the Median Platform.

(d) Once the Median Application has been developed, you:

(i) are solely responsible for ensuring that all content and functionality of the applicable Median Application is satisfactory; and

(ii) must notify GoNative in writing of any dissatisfaction with the content and functionality of the Median Application within 30 days (such notice may be provided via email). If you do not provide such notice, the Median Application will be deemed accepted.

(e) The onboarding services, app development services, custom development services, or other configuration or customization services described in this section must be fully utilized by you within 180 days of your purchase of such service or such other time period specified to you by GoNative in writing. In the event the Median Application is not developed within this time period due to circumstances beyond the direct control of GoNative (including, for example, providing your applicable requirements or implementing your web content or web functionality), additional fees will apply to complete the delivery of any services, and you will not receive a refund for any amounts already paid by you for such services.

2.9 Publishing of Median Applications by GoNative.

(a) In the event that you elect to purchase, or purchase through an Annual Plan, publishing services for a Median Application, then, subject to your compliance with these Online Terms, GoNative will publish a Median Application in the Apple App Store or the Google Play Store on your behalf. In order to have a Median Application published, you will:

(i) open and keep in good standing Apple and Google Play developer Organization (company) accounts, as applicable, including ongoing compliance with policies, payment obligations, company verification, and all other requirements mandated by Apple and Google; and

(ii) provide GoNative with sufficient developer account access to enable GoNative to complete all required publishing tasks, as may be determined by either party, acting reasonably; and

(iii) if the Median Application to be published includes any ability for end users to log in, you will create demo accounts that facilitate access and provide corresponding credentials (such as usernames, passwords, or other required access information) for GoNative and app store reviewers to utilize for review.

(b) You are solely responsible for:

(i) ensuring that all content and functionality of the Median Application is satisfactory;

(ii) providing GoNative with confirmation (which may be via email) that the Median Application’s content and functionality is final and approved for submission, in each case prior to GoNative submitting the iOS and Android mobile applications to the Apple App Store and Google Play Store for publishing approval; and

(iii) ensuring that all web-based content and functionality is complete and functional during the Apple App Store and Google Play Store review process.

(c) You are solely responsible for interpreting and addressing any feedback, issues, or requested changes communicated by the Apple App Store and Google Play Store reviewers during the approval process, including feedback required for compliance with applicable app store policies or related to web-based content or web-based functionality. If you have elected to purchase an Annual Plan that expressly includes app store publishing advisory services, GoNative will assist you by reviewing applicable app store policies, helping you understand reviewer feedback, and recommending actions intended to obtain approval. GoNative will not be liable for any delays, rejections, suspensions, or other negative outcomes in the app store publishing process. You are solely responsible for all actions taken based on any guidance or recommendations provided by GoNative.

(d) If you request that GoNative re-submit, re-publish, or publish on a priority basis a Median Application, then GoNative may charge you additional fees for such priority submission or publication as set out in the Median Platform.

(e) If purchased outside of an Annual Plan the publishing services described in this section must be fully utilized within ninety (90) days of your purchase of such services. In the event of a delay due to circumstances beyond the direct control of GoNative (including, for example, a failure by you in providing timely and sufficient developer account access), additional fees will apply to complete the delivery of any services beyond the ninety (90) days, or you will forfeit any purchased services without refund.

2.10 Support Services.

(a) In the event that you elect to purchase an Annual Plan that includes Support (such as a Business or Enterprise plan), then GoNative will use commercially reasonable efforts to respond to a Support Request for a reported Incident within two business days or the applicable response time defined in the Annual Plan.

(b) GoNative’s provision of Support is also contingent on you: (i) providing all information necessary for GoNative to respond to a Support Request in a timely manner; (ii) providing access to personnel necessary for GoNative to respond to a Support Request in a timely manner; and (iii) otherwise cooperating with GoNative’s reasonable requests in a timely manner. If you are unable to provide GoNative with all information and data necessary for GoNative to re-produce the Incident, or GoNative is otherwise unable to reproduce the Incident, then, GoNative may, at its discretion, provide guidance for you to address the issue in your own environment.

(i) “Incident” means any event that is not an Out of Scope Incident where: (A) the standard features and functionality of the Median Platform are not available for use by App Manager and Permitted Users and otherwise performing materially in accordance with the applicable documentation; or (B) the standard features and functionality of a Median Application are not available to App Manager or third party end users or operating in accordance with App Manager’s configuration settings as at the time of publication.

(ii) “Out of Scope Incident” means an Incident: (A) relating to a version of the Median Solution, or any portion thereof, that: (1) has been modified by App Manager or for which Updates (as defined below) provided by GoNative have not been implemented; or (2) requires updates to your web-based content to maintain compatibility and such updates have not been implemented; (B) arising from a Force Majeure Event (as defined below) or any failure of computer hardware, equipment or programs not designed for use with the Median Solution under documentation made available by GoNative; or (C) occurring during periods of regular scheduled maintenance.

(iii) “Support” means provision of written documentation, tutorials including video content, sample code including demonstration apps, and all other forms of technical expertise and guidance, that in all cases is delivered primarily via e-mail and to be used by you or your Permitted Users at your discretion.

(iv) “Support Request” means a request you make for Support with an Incident and confirmed as received by GoNative (i) via a contact form submission on the Median Platform; (ii) via a web-based communication interface on the Median Platform; or (iii) any other means of communication wherein GoNative has provided written confirmation of receipt of the request.

2.11 Customer License Grant. You hereby grant to GoNative a perpetual, worldwide, non-exclusive, royalty-free, fully-paid up right and license to copy, access, store and use data, information, pictures, videos, audio or other materials or content uploaded to the Median Platform or otherwise provided or made available by you to GoNative in connection with the Offerings or these Online Terms (collectively, “Customer Data”) in order to provide and improve the Offerings and to exercise GoNative’s rights under this Agreement, including any Customer Data that consists of the branding assets or other related content that may be used within, or to publish, a Median Application (“Customer Brand Materials”).

2.12 Personal Information. You agree (on your behalf and on behalf of each Permitted User) to GoNative’s access, use, collection, and storage of Customer Data that contains information about identifiable individuals, including any Permitted User, for the purposes authorized under these Online Terms. You acknowledge and agree that such information will be treated in accordance with GoNative’s privacy policy located at https://median.co/privacy (the “Privacy Policy”). In the event of any conflict between the terms of these Online Terms and the Privacy Policy, the terms of these Online Terms will control, provided, however, that the terms and conditions of the Privacy Policy will prevail over these Online Terms to the extent that the Privacy Policy expressly refers to the provisions of these Online Terms over which it prevails.

2.13 Third Party Products and Services. You may choose to integrate a Median Application with a product or service provided by a third party, such as a push notification provider or analytics tool, referred to as a “Third Party Integration”. At all times, you are solely responsible for any fees, costs, liabilities, and obligations imposed by any third party in connection with a Third Party Integration, including those arising out of or relating to its product or service. GoNative provides Third Party Integrations only as a convenience, and the provision of any integration does not imply endorsement by GoNative or any association with the third party. You acknowledge and agree that GoNative does not monitor, validate, or assume responsibility for the security, functionality, or compliance of any Third Party Integration, and that all risks associated with its use rest solely with you. Furthermore, you acknowledge and agree that GoNative’s ability to continue providing each Third Party Integration is contingent upon the continued provision by the applicable third party of all software, support, and functionality necessary for GoNative to offer and maintain such integration. If GoNative determines, in its sole discretion, that a Third Party Integration is not commercially feasible to maintain, including but not limited to instances where the third party ceases to provide necessary software updates or materially alters its product or service, then GoNative may modify, substitute, or discontinue such Third Party Integration without liability.

2.14 Communications Not Confidential. GoNative cannot guarantee confidentiality of any communications made through the Median Solution or the security of information communicated over the internet, public networks or otherwise transmitted to or through the Median Solution. You acknowledge that data embedded or stored within App Binary Files may be extracted or otherwise accessed by end users and other third parties. GoNative is not responsible for circumvention of any privacy settings or security measures contained in the Median Solution.

2.15 App Store and Legal Compliance. You acknowledge and agree that each Median Application must at all times comply with all applicable laws, rules, and regulations, as well as the then-current guidelines and policies of the Apple App Store and Google Play Store (collectively, the “App Store Requirements”). GoNative reserves the right, in its sole discretion, to suspend, disable, or remove access to any Median Application that does not comply with the App Store Requirements.

3. Changes.

3.1 Changes to These Online Terms. GoNative reserves the right, in its sole discretion, to change these Online Terms at any time by posting a new version to the Median Platform. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Median Solution. It is your obligation to monitor the Median Platform for any such changes. Your continued access to or use of the Median Solution after any changes to these Online Terms indicates your acceptance of such changes. It is your responsibility to review these Online Terms regularly in order to be aware of any such modifications.

3.2 Changes to the Median Solution. GoNative reserves the right to change, withdraw or terminate the Median Solution at any time, without notice. GoNative will not be liable if, for any reason, the Median Solution is unavailable at any time or for any period.

4. Payment.

4.1 Fees. You agree that the rights granted under these Online Terms, including use of the Median Applications and access to the Offerings, are conditional on your payment of all required one-time and ongoing fees (collectively, the “Fees”):

(a) as specified on the Median Platform, including all applicable license prices, services prices, and Annual Plan subscription rates as updated from time to time; or

(b) as mutually agreed between you and GoNative in writing or as set out in a written offer or quote issued by GoNative and accepted by you by electronic signature, as applicable.

In consideration for the rights granted to you and the performance of GoNative’s obligations under these Online Terms, you will pay GoNative the Fees in accordance with the payment terms set out herein.

4.2 Payment. Unless otherwise expressly stipulated on an invoice, all applicable fees identified in the Median Platform are due prior to issuance of a license or commencement of a service by GoNative. Your payment is not subject to any setoff claims or rights of offset of any kind.

4.3 Taxes. Unless specified otherwise in the applicable invoice, the Fees set out in these Online Terms do not include applicable federal, state, provincial, territorial, county, municipal, local or foreign taxes, charges, levies, imposts and other assessments, including all income, sales, use, GST/HST, QST, services, value added, capital, capital gains, alternative, net worth, transfer, profits, withholding, payroll, employer health, excise, franchise, real property and personal property taxes or any other taxes, customs duties, fees, assessments, royalties, duties, deductions, compulsory loans or similar charges in the nature of a tax (collectively “Taxes”). You will be responsible for and pay all applicable Taxes. Notwithstanding anything to the contrary in these Online Terms, if any amounts (including any Taxes) are required to be withheld by you from any amount otherwise payable by you to or for the benefit of GoNative under these Online Terms, you will:

(a) pay an additional amount such that the net amount actually received by GoNative will, after all such withholdings (including any withholdings to be made in respect of any additional amount payable pursuant to this sentence), equal the full amount of the payment then due;

(b) pay, or cause to be paid, to the relevant taxation authority the full amount of such withholdings (including the full amount of any withholdings in respect of any additional payment required to be paid pursuant to this sentence) in accordance with applicable law; and

(c) furnish GoNative as soon as practicable (and, in any event, within thirty (30) days) with an official receipt (or a certified copy thereof) or such other documentation as is reasonably acceptable to GoNative evidencing payment of such withholdings to the relevant taxation authority.

If App Manager is a tax-exempt entity or claims exemption from any Taxes hereunder, App Manager may provide a certificate of exemption upon agreement to these Online Terms and, after receipt of valid evidence of exemption, GoNative will not charge App Manager any Taxes from which App Manager is exempt.

4.4 No Refunds; Finality of Payments. Except as expressly provided in Section 8.3(a) and as required by applicable law, all Fees paid under these Online Terms are final and non-refundable. App Manager acknowledges and agrees that GoNative’s issuance of any Paid License, provision of access rights under an Annual Plan, and/or commencement or making available of any services constitutes delivery of value in exchange for the applicable Fees, with access to digital services enabled immediately upon issuance of a Paid License or activation of an Annual Plan.

Without limiting the foregoing: (a) Fees for Paid Licenses and Annual Plans are non-refundable once the applicable Paid License is issued or the Annual Plan is activated; and (b) Fees for any services (including onboarding, app development, custom development, app store publishing, or other services) are non-refundable once such services have been performed, commenced, or made available.

Except as expressly provided in Section 8.3(a), no refunds or credits will be provided for any unused services or any unused portion of an Annual Plan term, including in connection with a downgrade, suspension, or termination.

App Manager is responsible for reviewing all invoices and billing statements promptly and must notify GoNative in writing of any billing dispute within thirty (30) days of the invoice date. Failure to provide such notice within this period will be deemed acceptance of the charges, except where prohibited by applicable law.

5. Warranties; Disclaimer; Indemnity.

5.1 Mutual Representations and Warranties. Each party represents, warrants, and covenants that: (a) it has full power and all necessary rights to enter into these Online Terms; and (b) it will carry out its obligations under these Online Terms in compliance with applicable laws.

5.2 GoNative Representation and Warranty. GoNative represents and warrants to and covenants with you that GoNative will not host, record, store or retain information that identifies third party end users of the Median Applications.

5.3 DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE ONLINE TERMS, GONATIVE DOES NOT REPRESENT OR WARRANT THAT THE MEDIAN SOLUTION WILL BE UNINTERRUPTED, FREE OF ERRORS OR DEFECTS OR THAT ALL ERRORS AND DEFECTS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE OFFERINGS. EXCEPT AS SPECIFICALLY PROVIDED IN THESE ONLINE TERMS, THE MEDIAN SOLUTION AND ANY RELATED SERVICES OR SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GONATIVE HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL, OR STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. APP MANAGER ACKNOWLEDGES AND AGREES THAT APP MANAGER WILL BE SOLEY RESPONSIBLE FOR ENSURING THAT THE MEDIAN SOLUTION IS SUFFICIENT FOR APP MANAGER’S NEEDS REGARDLESS OF WHETHER YOU HAVE AN ANNUAL PLAN WITH GONATIVE.

5.4 Indemnity. App Manager will defend, indemnify, and hold harmless GoNative and its respective employees, officers, directors, and representatives from and against any claim, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to any third party claim concerning:

(a) Customer Data, including any claim that any Customer Data, or any part thereof, infringes or misappropriates the rights of any third party, including intellectual property and privacy rights;

(b) use of the Offerings, including content displayed within or functionality provided through each Median Application, by App Manager, Permitted Users or App Manager’s third party end users except as expressly authorized under these Online Terms;

(c) App Manager’s violation of applicable law or the rights of a third party, including any intellectual property or privacy rights; or

(d) App Manager’s breach of these Online Terms.

5.5 Indemnity Process. App Manager will fully cooperate with GoNative in the defence of any claim defended by App Manager pursuant to its indemnification obligations under these Online Terms and will not settle any such claim without the prior written consent of GoNative. GoNative reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by App Manager, in which event App Manager will fully cooperate with GoNative in asserting any available defences.

6. Limitation of Liability.

6.1 AMOUNT. EXCEPT FOR A BREACH OF APP MANAGER’S CONFIDENTIALITY OR INDEMNITY OBLIGATIONS UNDER THESE ONLINE TERMS, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER IN CONNECTION WITH OR UNDER THESE ONLINE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY APP MANAGER IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE ONLINE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL GONATIVE’S LICENSORS OR THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE ONLINE TERMS.

6.2 TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GONATIVE BE LIABLE TO APP MANAGER FOR: (A) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (B) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (C) BUSINESS INTERRUPTIONS; (D) APP MANAGER’S USE OF THE MEDIAN SOLUTION; (E) COSTS FOR THE PROCUREMENT OF A SUBSTITUTE PRODUCT OR SERVICE; (F) PERSONAL INJURY OR DEATH; OR (G) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE ONLINE TERMS, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.

7. Confidentiality.

7.1 Definitions. For the purposes of these Online Terms, a party receiving Confidential Information (as defined below) will be the “Recipient”, the party disclosing such information will be the “Discloser”, and “Confidential Information” means information marked or otherwise identified in writing by a party as proprietary or confidential, or information that, under the circumstances surrounding the disclosure, a reasonable person should recognize as being confidential, and where Discloser is GoNative includes:

(a) source code, including any Median Source Code;

(b) any Offering documentation, demo or evaluation application, or project proposals; and

(c) the terms and conditions of these Online Terms, including pricing and the Fees payable by App Manager for the Offerings; provided that Discloser’s Confidential Information does not include, except with respect to information about an identifiable individual:

(i) information already known or independently developed by Recipient without access to Discloser’s Confidential Information;

(ii) information that is publicly available through no wrongful act of Recipient; or

(iii) information received by Recipient from a third party who was free to disclose it without confidentiality obligations.

For greater certainty, Customer Brand Materials will not constitute Confidential Information of Customer as the Customer Brand Materials will be used in accordance with Section 2.11 to provide the applicable and publicly available Median Application.

7.2 Confidentiality Covenants. Recipient hereby agrees that during the Term and at all times thereafter it will not:

(a) disclose Confidential Information of the Discloser to any person, except to its own personnel having a “need to know” and that have entered into written agreements no less protective of such Confidential Information than these Online Terms, and to such other recipients as the Discloser may approve in writing;

(b) use Confidential Information of the Discloser except to exercise its rights or perform its obligations under these Online Terms; or

(c) remove, obscure or otherwise alter any proprietary notices, legends or labels, including brand, copyright, trademark and patent or patent pending notices, from any Confidential Information of the Discloser any proprietary legend.

Each party will take reasonable precautions to safeguard the other party’s Confidential Information. Those precautions will be at least as stringent as the precautions that the Recipient takes to protect its own Confidential Information of a similar type.

7.3 Exceptions to Confidentiality. Notwithstanding Section 7.2 (Confidentiality Covenants), Recipient may disclose Discloser’s Confidential Information:

(a) to the extent that such disclosure is required by applicable law or by the order of a court or similar judicial or administrative body, provided that, except to the extent prohibited by law, the Recipient promptly notifies the Discloser in writing of such required disclosure and cooperates with the Discloser to seek an appropriate protective order;

(b) to its legal counsel and other professional advisors if and to the extent such persons need to know such Confidential Information in order to provide applicable professional advisory services in connection with the party’s business; or

(c) in the case of GoNative, to potential assignees, acquirers or successors of GoNative if and to the extent such persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation or other corporate transaction involving the business or assets of GoNative. Notwithstanding the foregoing, App Manager may not disclose GoNative’s source code, including any Median Source Code, to any third party without GoNative’s prior written consent.

8. Term and Termination.

8.1 Term. These Online Terms are effective as of the Effective Date and will remain in effect until terminated by either party in accordance with the provisions of these Online Terms (the “Term”).

8.2 Termination.

(a) Either party may terminate these Online Terms for any reason upon giving sixty (60) days’ prior written notice of termination to the other party.

(b) Either party may terminate these Online Terms by giving to the other party written notice of termination upon the occurrence of any of the following events:

(i) the other party breaches any material provision of these Online Terms, and either the breach cannot be cured or, if the breach can be cured, it is not cured by the breaching party within thirty (30) days after the breaching party’s receipt of written notice of such breach;

(ii) the other party makes any assignment for the benefit of creditors or is unable to pay its debts as they mature in the ordinary course of business; or

(iii) any proceedings are instituted by or against the other party under any insolvency laws or for reorganization, receivership or dissolution.

(c) GoNative may terminate these Online Terms by giving you written notice of termination if you breach your payment obligations under Article 4 (Payment) and fail to cure such breach or default within thirty (30) days from when the applicable payment was originally due.

(d) You may terminate these Online Terms by giving GoNative written notice of termination if GoNative:

(i) fails to perform its obligations under these Online Terms due to a Force Majeure Event (as defined below) that continues for a period exceeding thirty (30) days; or

(ii) materially alters or ceases to provide the Median Solution and fails to address your reasonable concerns related to such alteration or cessation within thirty (30) days of receiving notice of such concerns.

8.3 Effect of Termination.

(a) In the event that GoNative terminates these Online Terms in accordance with subsection 8.2(a), GoNative will refund to App Manager any unused, prepaid Annual Plan Fees, prorated as of the effective date of termination for the remaining unused portion of the then-current Annual Plan term, less a 2.5% administrative fee.

For clarity, “unused, prepaid Annual Plan Fees” refers only to the prepaid portion of recurring Annual Plan fees for the unused remainder of the then-current Annual Plan term and excludes all other Fees, including Fees for Paid Licenses and any Fees for services already performed, commenced, or made available (such as onboarding, app development, custom development, or app store publishing). Except for the foregoing, all Fees are final and non-refundable except as required by applicable law.

(b) Upon expiration or termination of these Online Terms:

(i) App Manager must immediately cease any and all use of the Median Solution; within thirty (30) days of expiration or termination, each party will destroy or deliver to the other party all copies of the other party’s Confidential Information; and

(ii) GoNative will have no further obligation to support, maintain, provide or make available the Offerings, or any portion thereof, to App Manager.

(c) Expiration or termination of these Online Terms will not limit either party from pursuing any other remedies available to it, including injunctive relief, nor will any such expiration or termination relieve App Manager of its obligation to pay all amounts and Fees that have accrued or are otherwise owed by App Manager under these Online Terms up to the effective date of termination.

8.4 Survival. Upon any termination or expiration of these Online Terms, provisions contained in these Online Terms that by their nature and context are intended to survive completion of performance, expiration, termination, or cancellation of these Online Terms, including Sections 1.3 (Proprietary Rights), 2.2 (Free License Grant), 2.3 (Paid Licenses), 2.5 (Permitted Users), 2.6 (License Conditions) and 2.7 (Prohibited Uses); Article 4 (Payment), Article 5 (Warranties; Disclaimer; Indemnity), Article 6 (Limitation of Liability), Article 7 (Confidentiality); Sections 8.3 (Effect of Termination) and 8.4 (Survival); and Article 9 (General).

9. General.

9.1 Notice.

(a) All notices required by or relating to these Online Terms must be in writing and will be effective when delivered in person or by email, one day after being sent by overnight courier, or five days after being sent by registered mail or by an internationally recognized express mail carrier (postage prepaid, return receipt requested).

(b) Notices to GoNative will be sent:

(i) to the following email address:

hello@median.co; and

(ii) to the following address:

10 Allen Road,
Wellesley, MA 02481.

(c) GoNative may change its contact information by posting the new contact information on the Median Platform or by giving notice thereof to App Manager in accordance with this Section.

(d) Notices to App Manager will be sent to the current postal or email address that GoNative has on file with respect to the App Manager. App Manager is solely responsible for keeping its contact information on file with GoNative current at all times during the Term.

9.2 Publicity. GoNative may use App Manager’s name, trademarks, logos, and public app store listing details for press releases, case studies, and other purposes in connection with identifying App Manager as a customer of GoNative or a user of GoNative’s Offerings. App Manager agrees that GoNative may refer to App Manager as a user or customer of GoNative:

(a) in announcements, press or marketing releases, publications, presentations, case studies and other public statements; and

(b) on the Median Platform and other online channels (collectively, “Publicity”). GoNative may disclose any testimonials received from App Manager in any such Publicity.

App Manager grants GoNative a limited, perpetual, fully paid-up, irrevocable, non-exclusive, non-transferable, and non-sublicensable license to use its logo and trademarks in connection with any Publicity.

9.3 Assignment. These Online Terms are binding upon and for the benefit of the parties, their permitted successors and permitted assigns. App Manager may not transfer, sublicense or otherwise assign these Online Terms or any of its rights or obligations under these Online Terms, by operation of law or otherwise, without GoNative’s prior written consent, which consent will not be unreasonably withheld. Any attempted transfer, sublicense or assignment by App Manager in violation of this Section will be null and void. GoNative may assign, transfer, or delegate these Online Terms and any or all of its rights and obligations under these Online Terms without App Manager’s consent.

9.4 Compliance with Laws. The parties will comply with all applicable laws, rules and regulations, including export laws, in the performance of their obligations under these Online Terms. You must ensure that your use of the Offerings complies in all respects and at all times with all applicable laws, statutes, regulations, ordinances or other rules promulgated by governing authorities that the parties or the Offerings are subject to, including by means of obtaining any permits, licenses, or approvals required with respect to applicable export regulations.

9.5 Export. App Manager agrees not to directly or indirectly export, re-export or import any part of the Median Platform without first obtaining all required licenses, permits and permissions. GoNative makes no representation or warranty that the Median Platform, or any portion thereof, may be exported without App Manager first obtaining appropriate licenses or permits under applicable law, or that any such license or permit has been, will be, or can be obtained.

9.6 Remedies.

(a) Without limiting GoNative’s other rights under these Online Terms, in the event that you fail to comply with your obligations under these Online Terms, including your obligations to comply with the use and license restrictions in Article 2 (The Median Solution) and to pay applicable Fees in accordance with Article 4 (Payment), GoNative reserves the right to take any and all appropriate action, which may include:

(i) revoking licenses granted to you under these Online Terms;

(ii) following revocation of the applicable licenses pursuant to clause (i), submitting formal request(s) for the removal of one or more Median Applications from public app stores due to the use of unlicensed source code;

(iii) preventing access to or use of the Offerings;

(iv) withholding all or a portion of the Offerings until you have paid in full all amounts owed to GoNative or rectified your failure to comply with the applicable license restrictions or use requirements; and

(v) charging interests on late payments at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate (if less), plus all expenses of collection, until fully paid.

(b) You acknowledge and agree that your breach or threatened breach of Article 2 (The Median Solution) or Article 7 (Confidentiality) would cause GoNative irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, GoNative will be entitled to equitable relief, including in a restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy.

(c) Such remedies are not exclusive and are in addition to all other remedies that may be available to GoNative law, in equity or otherwise.

9.7 Force Majeure. If GoNative fails to perform any obligation under these Online Terms due to an act of God, fire, flood, earthquake, explosion, accident, strike, embargo, internet service failures or delays, network intrusion, cyberattacks, data loss, terrorist attack, war, insurrection or riot, civil unrest, public states of emergency, pandemics, epidemics, GoNative’s compliance with any requirement of applicable law, unavailability or modification by third parties of telecommunications or hosting infrastructure or third party software or websites, acts or omissions of App Manager or any third parties, or other causes beyond GoNative’s reasonable control (each, a “Force Majeure Event”), including any delays in performance due to a Force Majeure Event, and, where applicable, GoNative has implemented commercially reasonable back up standards, GoNative:

(a) will not be liable for such failure; and

(b) will be excused from the performance of such obligations for the duration of the Force Majeure Event and any additional period of time as may be reasonable under the circumstances.

9.8 Governing Law. These Online Terms, and any disputes arising out of or related hereto, are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the State of Delaware will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Online Terms. GoNative and App Manager each hereby consent and submit to the exclusive jurisdiction of such courts.

9.9 Non-Solicitation. During the Term and for a period of 12 months thereafter, App Manager may not solicit or recruit any personnel of GoNative, including any of its employees or contractors, that it has come in contact with, in connection with these Online Terms, except the foregoing will not apply to general solicitation or recruitment not targeted at the personnel of GoNative.

9.10 Severability. Any provision of these Online Terms found by a tribunal or court of competent jurisdiction to be illegal or unenforceable will be severed from these Online Terms and all other provisions of these Online Terms will remain in full force and effect.

9.11 Waiver. A waiver of any provision of these Online Terms must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

9.12 Construction. Except as otherwise provided in these Online Terms, the parties’ rights and remedies under these Online Terms are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these Online Terms are for reference purposes only and have no substantive effect.

9.13 Independent Contractors. GoNative’s relationship to App Manager is that of an independent contractor, and neither party is an agent or partner of the other. Nothing contained in these Online Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party will have, and will not represent to any third party that it has, any authority to act on behalf of the other party.

9.14 Entire Agreement. Except as expressly stated otherwise in these Online Terms, these Online Terms constitute the entire agreement between the parties with respect to the subject matter of these Online Terms and supersede all prior or contemporaneous agreements, representations or other communications, whether oral or written.

You've got questions? We've got answers.

Our customers usually ask us these important questions. Visit our FAQ  for more. You can learn even more in our Documentation  or ask a question in our Support Forum . Or, Contact Us  and our dedicated team will assist.

Contact Sales

Yes! The Median.co platform works with all website and web app development platforms. Your app will display your website content as it is displayed in a mobile web browser such as Mobile Safari or Mobile Chrome.

We have many customers who develop their web content using Wordpress, Weebly, Wix, Webflow, Lovable, Base44, Replit and more. Plus Customers who build web applications to deploy as web apps using Microsoft .NET and SharePoint, Salesforce Lightning, Bubble.io.

Most websites will automatically display content within apps created using Median.co automatically. To build highly immersive native apps as a web developer use the Median JavaScript Bridge to add a range of native functionality.

Change the app status bar color dynamically to match your web content and branding.
Add native navigation menus such as a native bottom tab bar menu.
Adjust the device screen brightness when displaying a QR code for other devices to scan.
Prevent the device screen from timing out and going to sleep when showing long form content for the user to read.

Apps built using Median.co are much more than a wrapper app. The Median.co platform allows you to build an app with advanced native functionality and features. You can add native navigation menus, native push notifications (with OneSignal and other push providers), and incorporate our premium native plugins such as Face ID / Touch ID Biometric authentication, Social Login, QR/Barcode scanner, In-App Purchases, and much more.

When building your app you'll also benefit from the Median.co build platform which has been supported and maintained since early 2014. As iOS and Android changes are released you can rebuild your app using the Median App Studio to maintain compatibility while avoiding the overhead that comes from maintaining your own code base.

There is no cost to build a Median.co Free app. When published to the Apple App Store and Google Play Store your app will display a small "Powered by Median.co" watermark at launch and the JavaScript Bridge  will not be available for advanced integration.

To build a completely white label app with full JavaScript Bridge capabilities a Median.co Professional license can be purchased directly within our Median App Studio on the Licence tab or on our website at https://median.co/pricing .

In addition to the app license, we offer a variety of optional add-ons and services. These include:

Push Notifications using our integration with OneSignal or through other push notification providers.
Native Plugins that provide access to a range of device functionality and third-party services.
A Full-Service Concierge service, where our team handles and completes all app development work to produce a publish-ready app using the Median.co platform.
An App Store Publishing service, where our team completes all steps that are required to publish your app to the app stores and guarantees successful approval.
Custom development to extend the Median.co platform to integrate third-party SDKs and add advanced functionality for your specific use case.
And more!

Yes! So long as your app meets all the applicable Apple and Google requirements you will not face any issues publishing your app to the Apple App Store and Google Play Store. Our Publishing Guide  contains all of the information you will need to self-publish your app.

You can also use our experienced team to handle the publishing end-to-end and make the process as seamless as possible. When using our team we provide a 100% guarantee of app store acceptance.

Whether you choose to self-publish or have our team publish on your behalf you will need an Apple Developer Account and a Google Play Developer Account. You can apply for both accounts using the links below.

Apple Developer Account: https://developer.apple.com/programs/enroll .
Google Play Developer Account: https://play.google.com/apps/publish/signup .

Median Online Terms and Conditions

Terms and conditions